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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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I am guilty of speeding at 38mph in a 30mph zone. Having

Resolved Question:

I am guilty of speeding at 38mph in a 30mph zone. Having failed to book the speed awareness course etc offered (due to irrelevant personal reasons) I have had notification that the case will come to court. I am pleading guilty by post, and expect a fine plus £85 costs. Mea Culpa.
However, the police are asking that I complete a very detailed statement of my incomings and outgoings, together with the income of my partner, to be sent with the plea. They say this 'must' be completed. It will be used for a magistrate to determine how I will pay,if I default on the fine.
I have no intention of defaulting, but I would like to know if I am legally obliged to tell them how much I (and my partner) receive, and spend, prior to such information being required. It seems like an unwarranted invasion of privacy. Thank you.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

What would you like to know about this please?

Customer: replied 10 months ago.
As stated above, I would like to know if I am legally obliged to disclose intimate details of mine and my partners' incomes and expenditure to a third party, before there is any need for this information to be used. This information is unrelated to the offence.
Expert:  Jo C. replied 10 months ago.

Yes.

Expert:  Jo C. replied 10 months ago.

At least, I suppose nobody can hold a gun to your head if you do not but it is a contempt of court.

They will not prosecute it though.

What they will do is presume you are earning no less than £415 a week and fine at the higher end of the spectrum accordingly.

Usually it is a hugely expensive mistake to fail to fill out a means form.

Customer: replied 10 months ago.
Why? Under what statute?
Expert:  Jo C. replied 10 months ago.

I suppose nobody can hold a gun to your head if you do not but it is a contempt of court.

Expert:  Jo C. replied 10 months ago.

They will also presume your partner is earning the same and take her means into account in determining your fine.

Expert:  Jo C. replied 10 months ago.

The information is required to determine the level of the fine which is set down in the guidelines in a percentage bracket.

If you don't provide it then they will deem an amount of £415 from both of you and fine you at the higher end of the bracket.

Then add costs and the surcharge.

Customer: replied 10 months ago.
What is the range of fines for 8mph above the limit? I thought that there was an agreed scale, e.g. so much per 1mph above, which is pretty standard across the country.
Expert:  Jo C. replied 10 months ago.

If you get a particularly unpleasant District Judge and you say anything like this being an invasion of privacy then I suppose there is a risk of a contempt prosecution and that carries custody.

Expert:  Jo C. replied 10 months ago.

There is but you didn't book the speed awareness course of accept the points so they have to summons you to court for the addition of points and a fine. It is going to be much more than the £100 is would have cost you.

Expert:  Jo C. replied 10 months ago.

Why did you not complete it in time? It might be you could use that to mitigate and reduce the fine.

I'm happy to continue with this but please rate my answer.

Jo C. and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks - you're ahead of me. Will do.
My husband was very ill; I was involved in external civic duties and distracted, and I found the forms really confusing, under the circumstances. I tried to contact them by email but they had closed the site due to 'volume of traffic'. I'm not sure if these are mitigating circumstances, but I could try. Thank you.
Expert:  Jo C. replied 10 months ago.

There is a space on the form for mitigation. If you tell them something like this then they might fine you £85 and make you pay the surcharge of £15. Some benches will do that. Then you would have been dealt with as though you had the fixed penalty.

Expert:  Jo C. replied 10 months ago.

Failing that it is 75-125% of your weekly income, costs of £85 and the surcharge of roughly 10% of the fine.